[Ord. No. 351 preamble; Ord. No. 2013-890]
The International Property Maintenance Code, 2012 Edition, shall
establish minimum standards governing the condition and maintenance
of all structures and dwellings; establish minimum standards governing
supplied utilities and facilities and other physical things and conditions
essential to insure that structures are safe, sanitary and fit for
occupation and use; establish minimum standards governing the condition
of dwellings offered for rent; fix certain responsibilities and duties
of owners and occupants of structures, condemn dwellings unfit for
human habitation and allow for the demolition of such dwellings and
structures; and fix penalties for violations.
[Ord. No. 351 § 1; Ord. No. 2013-889]
A certain document, copies of which are on file in the office
of the Construction Official, be marked and designated as the "International
Property Maintenance Code, 2012 Edition" and the Borough shall refer
to the "International Property Maintenance Code, 2012 Edition" as
published, and hereby adopted, and made a part hereof, as if fully
set out in this section.
[Ord. No. 351 § 3; Ord. No. 2013-889]
Nothing in this section or in the International Property Maintenance Code, 2012 Edition, hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 10-1.2; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Ord. No. 96-623; Ord. No. 2013-889]
a.
Glazing and Windows. All windows shall contain glazing materials
and shall be maintained free from cracks and holes; provided further
that no glazing materials or windows shall be boarded over except
immediately following a fire, or other disaster or accident without
the approval of the Borough Construction Official; and in the event
of fire or other disasters or accidents, the boarding of windows or
glazing materials shall be removed in a reasonable amount of time
thereafter as determined by the property owner with the approval of
the Borough Construction Official.
[1973 Code § 3-4.1]
The owner or tenant of lands lying in the Borough is hereby
required, where it is necessary and expedient for the preservation
of the public health, safety, general welfare, or to eliminate a fire
hazard, to remove from such lands any brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths and filth, garbage, trash
and debris, and shall include fencing, garages, sheds and similar
structures.
[1973 Code § 3-4.2]
Whenever the Code Enforcement Officer shall deem it necessary
and expedient for the preservation of the public health, safety, general
welfare, or to eliminate a fire hazard, to remove from any lands brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths and
filth, garbage, trash and debris, he shall give notice to the owner
or tenant of such lands, which notice shall require the owner or tenant
to provide for the removal thereof within ten (10) days. Such notice
may be by personal service or by certified mail to the last known
address of the owner of such lands. In the event the condition is
not abated within the ten (10) day period or where the owner or tenant
refuses or neglects to remove same in the manner and within the time
above provided, it shall be lawful for the same to be removed by or
under the direction of the Borough Superintendent.
[1973 Code § 3-4.3]
In all cases where brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths and filth, garbage, trash and debris are
removed from any lands by virtue of this section by or under the direction
of the Borough Superintendent, the Borough Superintendent shall certify
the cost thereof to the Council, which shall examine the certificate
and, if found correct, shall charge the costs against the lands and
the amount so charged shall become a lien upon such lands and shall
be added to and become a part of the taxes next to be assessed upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
[1973 Code § 3-4.4]
Any owner or tenant of any lands who refuses or neglects to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, in accordance with the notice required in subsection 10-2.2 shall be guilty of a violation of this section.
[Ord. No. 1998-656, § 1;
New]
It is determined that the public health, safety and welfare
of all of the residents of the Borough of Lake Como will be advanced
by the adoption of ordinances regulating the use of all occupiable
rental properties in the Borough.
[Ord. 1998-656 § 1; Ord. No. 2009-8337; Ord. No. 2009-839; Ord. No. 2013-889]
a.
Authority.
1.
Procedure. The Code Enforcement Officer may perform an inspection
to determine the conditions of buildings, dwellings, dwelling units,
rooming and boarding units and houses, and premises located within
the Borough so that their duty of safeguarding the health and safety
of the occupants of the buildings or dwellings and of the general
public is performed. For the purpose of making such inspections, the
Code Enforcement Officer is authorized to enter the structure or premises
at reasonable times or when requested to inspect. Prior to entering
into a space not otherwise opened to the general public, the Code
Enforcement Officer shall make a reasonable effort to locate the owner
or other person having charge or control of the structure or premises,
present proper identification and request entry. If the request to
enter is refused or not obtained by the Code Enforcement Officer,
it shall be a violation of this section and the Code Enforcement Officer
shall pursue recourse as provided by law.
2.
Duty of Owner or Occupant. The owner or occupant of every building,
dwelling, dwelling unit, or the person in charge thereof, shall give
the Code Enforcement Officer free access to all at reasonable times
for the purpose of performing an inspection, examination, or survey
permitted under the Code to effect compliance with the provisions
therein or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions herein.
3.
Search Warrant. The Code Enforcement Officer may, upon affidavit,
apply to the Municipal Court for a search warrant setting forth the
factual circumstances that provide a reasonable basis for believing
that a violation of the Code exists on the premises and if the Municipal
Judge is satisfied as to the matter set forth in the affidavit, he/she
shall authorize the issuance of a search warrant permitting access
to and inspection of that part of the premises on which the violation
allegedly exists.
b.
Regulations. The standards set forth in the Code shall determine
whether a particular premises is fit for occupancy. No person shall
occupy, as owner occupant, nor shall any person rent to or sell to
another for occupancy any building, dwelling, or dwelling unit for
the purpose of living therein which fails to conform to the Code.
c.
Certificates of Inspection. The Code Enforcement Officer is required
to issue all necessary notices or orders to ensure compliance with
the Code prior to the occupancy or use of any premises when:
1.
Any sale or any other transfer of title to the premises has occurred;
or
2.
Any lease or rental of the premises to new tenants on a week-to-week,
or month-to-month, basis for an indefinite term or for a definite
term of one hundred seventy-five (175) days or longer.
It shall be a violation of this Code for any person to occupy
or use any premises if a required Certificate of Inspection has not
been issued.
d.
Application Procedure. Applications for Certificates of Inspection
shall not be deemed complete by the Code Enforcement Officer unless
the applicant:
1.
Fully completes the form required by the Code Enforcement Officer
for such applications;
2.
Pays the appropriate fee;
3.
Provides proof of payment of taxes pursuant to N.J.S.A. 40:52-1.2.
4.
Provides a copy of the lease agreement executed by all adult persons
who will occupy the dwelling unit; provided, however, that the rent
amount may be redacted. The copy shall be certified by the Applicant
to be true and correct, and to contain the entire agreement between
the landlord and the tenants, except for redacted information.
5.
An affidavit completed by each of the persons who will occupy the
dwelling unit stating the following:
(a)
Whether he or she maintains a residence elsewhere, and providing
the full address thereof;
(b)
Providing a true and correct copy of his or her proof of identification;
(c)
Listing the names of all minors who will occupy the dwelling
unit, and the ages of each child as of the date of the application;
and
(d)
Providing such additional information as the Code Enforcement
Officer may reasonably require.
6.
Provided, however, that the information requested in paragraphs 4.
and 5. above shall not be required where the application for a Certificate
of Inspection is made in connection with a title transfer.
e.
Inspection Reports. Upon completion of any inspection, the Code Enforcement
Officer shall prepare a report listing and describing all violations
of this Code within five (5) working days after the completion of
the inspection; and the report shall also describe, where appropriate,
any corrective remedies which must be taken for the premises to comply
with this Code. The report shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE THESE PREMISES UNLESS AND UNTIL
A CERTIFICATE OF INSPECTION HAS BEEN ISSUED BY THE CODE OFFICIAL.
IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S RESPONSIBILITY
TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR A REINSPECTION.
f.
g.
Unconditional and Conditional Certificates of Inspection.
1.
An unconditional Certificate of Inspection will be issued when the
premises complies with the provisions of this Code as of the date
appearing on the inspection report. The Certificate shall be either
mailed or otherwise delivered to the applicant.
2.
A conditional Certificate of Inspection may be issued when there
are violations noted on the inspection report that require additional
time, or circumstances that would necessitate the extension, i.e.
weather, etc. No conditional Certificate will be issued for violations
that constitute an imminent hazard to the life or safety of occupants.
The Inspector will determine that time of the extension depending
on the circumstances. The conditional Certificate of Inspection shall
expire after the time limit and it shall be the obligation of the
applicant to reapply. Failure to do so will render the conditional
Certificate null and void. In the event that a reinspection shows
no violations, an unconditional Certificate of Inspection shall be
issued as prescribed herein. If the reinspection report shows remaining
violations, no inspection certificate shall be issued and a summons
may be issued for noncompliance.
3.
No Certificate of Inspection shall be issued for residential premises leased for a period of less than one hundred seventy-five (175) days where it reasonably appears to the Code Enforcement Officer, either on the basis of the affidavit submitted by the applicant pursuant to subsection 11-2.6e or on the basis of other available information, that any of the persons who will occupy the dwelling unit maintains a permanent residence elsewhere except in conformity with this section.
h.
Violations and Penalty.
1.
Any persons found in violation of the New Jersey Housing Code and/or
the "International Property Maintenance Code" as contained in this
subsection shall pay a fine of one hundred ($100.00) dollars minimum
to a maximum of five hundred ($500.00) dollars maximum penalty, plus
court costs, payable through the Violations Bureau of the Municipal
Court, for each separate violation.
2.
Each person who is present in a dwelling unit at the time the occupancy
thereof unlawfully exceeds the maximum permitted occupancy thereof
as calculated by the Code Official shall pay a minimum fine of two
hundred sixty-five ($265.00) dollars and a maximum fine of five hundred
($500.00) dollars, plus court costs, payable through the Violations
Bureau of the Municipal Court.
3.
Any person who is found to have submitted false information, documentation,
or identification in connection with an application for a Certificate
of Inspection, or summer rental license shall pay a minimum fine of
two hundred fifty ($250.00) dollars to a maximum fine of five hundred
($500.00) dollars, plus court costs, payable through the Violations
Bureau of the Municipal Court. Any person who submits a false affidavit
of certification shall be subject to criminal prosecution, in addition
to the penalties contained herein. In addition to the foregoing, summer
rental license that is issued on the basis of information or documentation
that is knowingly false or fraudulent when made shall be subject to
revocation.
[Ord. No. 2004-732 Art.
2]
The purpose of this section is to control and regulate the indiscriminate
or excessive removal, large-scale, clear-cutting and destruction of
trees and to control, regulate and prevent conditions such as: degradation
of littoral areas or wanton destruction which cause an increase in
stormwater runoff, sedimentation, soil erosion, loss of wildlife habitat,
air or noise pollution or inhibit aquifer recharge or impair the ambiance
or physical appearance of a neighborhood. The regulations contained
in this section are designed to limit such adverse impact while not
interfering with the right of a Borough property owner to appropriately
remove trees in accordance with the regulations set forth herein below.
[Ord. No. 2004-732 Art.
2]
As used in this section, the following terms shall have the
following definitions:
a.
B&B
(balled and burlapped) shall mean a method of excavation in which
the subject tree is removed along with soil surrounding its roots
and such soil and roots are wrapped and laced.
b.
Diameter
at point of measure or DPM shall mean the diameter (caliper) of a
tree at a point on the tree fifty-four (54) inches above the actual
ground level.
c.
Emergency
removal shall mean a removal which is necessitated by any event, whether
natural or man-made, which requires the immediate removal of a regulated
tree because it has been determined that such tree presents an immediate
hazard to the public's safety. Such determination shall be made by
the Zoning Officer or other designee, as authorized by the Borough
Administrator.
d.
Zoning
Officer shall mean the Zoning Officer and/or qualified arborist appointed
by the Mayor and Borough Council for the purpose of enforcing the
terms of this section.
e.
Person
shall mean an entity whose existence is recognized by law, including
but not limited to any individual, partnership, corporation (for-profit,
nonprofit, or municipal and its agencies), firm, association or any
combination of the foregoing.
f.
Project
shall mean any undertaking whatsoever which would involve potential
damage to or which may result in the planned or unplanned removal
of regulated trees.
g.
Removal
shall mean any activity that results in cutting down completely or
substantially eliminating a living regulated tree within the Borough.
h.
Replacement
plans shall mean a plan developed in accordance with and conforming
to the provisions of this section which has been approved by the Zoning
Officer.
i.
Replacement
Tree shall mean a nursery grown certified, balled and burlapped tree
bearing a durable label upon which the following data is set forth:
genus, species, variety, watering and fertilization requirements.
j.
Site plan
shall mean a plan as defined by the Borough's Land Development Ordinance.
k.
Tree shall
mean any living woody perennial plant having a trunk diameter of at
least four (4) inches measured at fifty-four (54) inches above the
natural ground level.
l.
Vacant
land shall mean land where no principal structure currently exists
or where the principal structure is demolished pursuant to a demolition
permit.
[Ord. No. 2004-732 Art.
2]
a.
The terms and provisions of this section shall apply to real property,
in all cases of vacant lots upon which new construction will take
place and/or cases of demolition of existing principal structures.
Nothing contained herein is intended to restrict a property owner's
right to remove trees on his own property where no building permit
for a new or replacement principal structure is sought.
b.
Unless specifically exempted herein, it shall be unlawful for any
person to remove or cause to be removed any tree, under the circumstances
set forth in paragraph a. above, with the trunk diameter of four (4)
inches or more DPM (fifty-four (54) inches above the actual ground
level) without first having obtained a tree removal project permit
to do so as provided herein. Tree removal project permits shall be
issued by the Zoning Officer or his/her designee.
c.
Notwithstanding paragraphs a. and b. above, trees removed from a
property within one (1) year prior to an application for a building
permit for a new or replacement principal structure shall be subject
to the provisions of this section.
[Ord. No. 2004-732 Art.
2]
a.
Any person wishing to obtain a permit to remove one (1) or more trees or clear land as required under the provisions of this section shall make application to the Zoning Officer by filing a written application and paying such fee as set forth in subsection 10-4.9 of this section. Where an application, as required by this section, has been submitted, no permit shall be issued until a site plan, survey or plot plan of the lot or parcel has been reviewed and a tree replacement plan approved.
b.
Where an application is made in connection with the construction
of a new principal structure, no building permit shall be issued until
the tree removal project permit has been granted.
c.
The Borough Zoning Officer shall review the application to determine
whether such project complies with this section and shall provide
written notice to the applicant indicating one of the following:
d.
The Borough Zoning Officer shall make the foregoing determination
and prepare and furnish the foregoing notice within thirty (30) days
following submission of a completed application.
e.
Failure of the Zoning Officer to make said determination within such
thirty (30) day period or within any extension of time granted by
the applicant, shall constitute and have the same effect as an approval.
f.
Any proposed change in the approved project shall be submitted to
the Borough Zoning Officer for approval in the same manner as an original
application for approval of a project.
g.
The applicant shall maintain a copy of the approved project at the
project location that shall be available for inspection.
[Ord. No. 2004-732 Art.
2]
Upon receiving an application for tree removal, the Zoning Officer
shall issue a permit if the Zoning Officer determines that one (1)
or more of the following criteria is met:
a.
The tree is located in an area where a principal structure will be
placed according to an approved site plan and the tree cannot be relocated
on the site because of age, type, or size of tree.
b.
The tree is dead, diseased, injured, in danger of falling, or is
too close to existing or proposed structure(s) thereby creating an
unsafe situation.
[Ord. No. 2004-732 Art.
2]
a.
Tree Removal Project Permit Application Contents.
1.
The name and address of the owner of the land.
2.
Description of land in question including block and lot numbers of
the land as shown on the current Tax Map of the Borough of Lake Como.
3.
The purpose of reason for removing the tree(s).
4.
The quantity, caliper size and species of tree(s) to be removed.
In the case of the removal of trees with a DPM greater than twenty-four
(24) inches, the plan shall include an analysis of design or layout
alternatives.
5.
The proposed dates for commencement and completion of the project.
6.
Name and address of the person having express charge, supervision,
and/or control of the proposed removal.
8.
A statement granting permission to Borough officials or their employees
to enter the premises to survey and inspect the project as work progresses;
and
9.
A tree replacement plan that includes location, quantity, caliper
size and species of tree(s) to be replanted.
b.
Fees. An application for tree removal project permit shall be accompanied
by an application fee of fifty ($50.00) dollars.
[Ord. No. 2004-732 Art.
2]
Within ten (10) days of receipt of decision of the Zoning Officer,
or his/her designee, which denies the approval for the tree removal
or otherwise destruction, the applicant may appeal in writing to the
Governing Body.
[Ord. No. 2004-732 Art.
2]
A tree replacement plan shall consist of the following:
a.
A site plan, survey or plot plan of one (1) inch equals twenty (20)
feet or less, showing the location of existing trees and clearly marked
property boundaries. There shall be a list identifying the number
and species of trees inventoried. The site plan shall include the
lot and block numbers, the street address if assigned and a certification
that it complies with the requirements of this section.
b.
The locations on the lot where tree removal is to take place.
c.
The total square footage of the lot.
d.
The total number by species of existing trees with a DPM of four
(4) inches or greater on the lot.
e.
The total number by species of trees with a DPM of four (4) inches
or greater, which are to be removed.
f.
A planting detail for replacement trees.
g.
All specific plans for replacement of removed trees shall be based
on the following requirements:
1.
The replacement tree shall be planted on the property where the trees
were removed or in a location designated by the Zoning Official.
2.
Replacement trees, including the size number of trees, shall be planted
in accordance with the table:
[Amended 3-7-2023 by Ord. No. 2023-2]
|
Size of Tree Removed Inches DPM
|
Number of Replacement Trees with at least 2-1/2" DPM
|
|---|---|
|
Four, but not more than eight (4"-8")
|
1
|
|
More than eight, but less than twelve (8"-12")
|
2
|
|
More than twelve, but less than eighteen (12"-18")
|
3
|
|
More than eighteen, but less than twenty-four (18"-24")
|
4
|
|
More than twenty-four, but less than thirty-two (24"-32")
|
5
|
|
More than thirty-two, but less than forty (32"-40")
|
6
|
|
More than forty, but less than fifty (40"-50")
|
7
|
|
More than fifty, but less than sixty (50"-60")
|
8
|
[Ord. No. 2004-732 Art.
2]
The replacement value of all trees to be removed, where replacement
trees are required by this section, shall be calculated as follows:
a.
Trees to Be Removed.
[Amended 3-7-2023 by Ord. No. 2023-2]
|
Size/DPM
|
Replacement Tree Value
|
|---|---|
|
Greater than 4" up to 8"
|
$200.00
|
|
Greater than 8" up to 12"
|
$400.00
|
|
Greater than 12" up to 18"
|
$600.00
|
|
Greater than 18" up to 24"
|
$800.00
|
|
Greater than 24" up to 32"
|
$1,000.00
|
|
Greater than 32" up to 40"
|
$1,200.00
|
|
Greater than 40" up to 50"
|
$1,400.00
|
|
Greater than 50" up to 60"
|
$1,600.00
|
b.
Dead and diseased trees as determined by the Borough Zoning Officer
shall not be included as trees to be replaced.
c.
The applicant may elect, in lieu of planting replacement trees, to
pay to the municipality a sum of money as set forth in paragraph a.
for each tree required to be planted pursuant to this subsection for
the purpose of planting shade trees elsewhere in the Borough.
Said funds shall be deposited into the Tree Replacement Fund.
[Ord. No. 2004-732 Art.
2]
Where an applicant chooses to make a contribution to the Tree Replacement Fund in lieu of physically replacing the trees on said property as provided in subsection 10-4.5c, the amount of said contribution shall be as set forth in subsection 10-4.9. The Tree Replacement Fund shall be in a separate fund with the dedicated purpose of tree replacement within the Borough of Lake Como.
[Ord. No. 2004-732 Art.
2]
a.
In the event that it is unknown how many trees were removed from
any given site, and removal took place without a tree removal permit
issued pursuant to this section, the number of trees requiring mitigation
shall be computed by assuming ten (10) trees greater than twelve (12)
inches DPM unless adequate proof is provided to the Borough Zoning
Officer.
b.
Any person who violates, or fails, or refuses to comply with this
section, shall be liable to a penalty of not less than one hundred
($100.00) dollars nor more than one thousand five hundred ($1,500.00)
dollars for each tree removed.
[Added 10-1-2019 by Ord.
No. 2019-944]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo.
[Added 10-1-2019 by Ord.
No. 2019-944]
As used in this section, the following terms shall have the
meanings indicated:
Any property owner(s) or tenant(s) who, or which, have running
bamboo on their property, even if the bamboo has spread onto their
property from an adjoining property.
The Borough of Lake Como, Monmouth County, New Jersey.
Any written notice by, from or on behalf of the Borough,
notifying the bamboo property owner(s) that they are in violation
of this section and directing them to cure or fix the violation. Such
notice shall be sent by certified mail, return receipt requested,
addressed to the owner(s) listed on the current tax address on file
with the Borough. A copy may also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
[Added 10-1-2019 by Ord.
No. 2019-944; amended 5-4-2021 by Ord. No. 2021-957]
a.
The in-ground planting of running bamboo is prohibited in the Borough
of Lake Como.
[Added 10-1-2019 by Ord.
No. 2019-944; amended 5-4-2021 by Ord. No. 2021-957]
a.
In the event any species commonly knowing as "running bamboo" is
located upon any property within the Borough of Lake Como, prior to
the effective date of this prohibition, the owner and occupant of
said property shall jointly and severally be required to confine such
species to prevent encroachment, spread, invasion or intrusion of
same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property. Failure to properly
confine such bamboo shall require removal as set forth below. The
cost of said removal shall be at the bamboo property owner's expense.
[Added 10-1-2019 by Ord.
No. 2019-944; amended 5-4-2021 by Ord. No. 2021-957]
a.
Whenever running bamboo, as defined by this section, is found on
any plot of land, lot or any other premises or place, and is found
to lack appropriate physical barriers to prevent the spread or growth
of the species, or is found to have spread beyond the boundaries of
a property, violations shall be given to the owner of the property
from which the invasive species has spread, in writing, to remove
or abate the same within 30 days. The cost of all remedies, including
the removal of plantings of invasive plants, shall be borne by the
property owner.
b.
Any person violating the provisions of this section shall, upon conviction,
be punished by a fine of not more than $2,000, or community service,
as determined by the Municipal Court of the Borough of Lake Como.
A continuation of such violation for each successive day shall constitute
a separate offense and the person or persons allowing or permitting
the continuation of such violation will be punished as provided above
for each separate offense.
[Added 10-1-2019 by Ord.
No. 2019-944]
All places and premises in the Borough of Lake Como shall be
subject to inspection by the Code Enforcement Officer to determine
compliance with this section.
